Opposition LettersAugust 31, 2004
R E C E I V E 0
To the City Council of Kalispell, SEA 3
KAUSPELL CITY IMERi\f
I am a homeowner in Country Village. Our neighbor, Sandy and Larry Heuscher, are requesting
a zoning change and preliminary plat for their development called Stillwater Bluffs. Uwe are
opposed to this development. Our concern is for the safety of ourselves, neighbors and children.
The proposed development does not take into consideration the rural charm of our subdivision.
Our county roads were not designed to handle the traffic of this proposed development. The
Heuscher's current design would change the flavor and character of our village. All of the lots
are one, two or five acres. We are a low density area and want to maintain the original design
and intent of our development. We ask that you address the issue of traffic, and emergency
access. The proposed subdivision's only link to major roadways, Reserve and Whitefish Stage,
is to go through a rural, county subdivision which is over twenty years old.
Please, we know what the master plan is. Recognize that a plan is not a law. Please listen to
Country Village residents and do not accept this development as it stands. Please maintain the I
acre +/- lots size and if high density is what you have to have, route the development onto an
existing city road, Grandrud.
County resident
address: 1710 yo
phone: Z4
MIUMMA-1 IM•�
RECEIVED
Z UU ""� SEP -8 pm,
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KALISPELL CITY CLEF,
I am a Country Village homeowner. I am joining the almost unanimous opposition in the Country
Village neighborhood, to the current Stillwater Bluffs proposal. The Country Village subdivision
gurrounding area is low density with limited road access or egress.
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dwellings. Adding sidewalks will ric t decrease the added traffic due to the doubling of the
population here.
Country Village subdivision houses are all on minimum 1 -acre plots. We are not opposed to a
landowner subdividing his plot, if it is done with the safety of our children and neighbors
considered. If Stillwater Bluffs were to be divided into 1 -acre single dwelling homes, it would be in
character with the existing 20+ year old Country Village neighborhood. Our existing county roads
would be able to handle the additional traffic safely.
It is clear that a council decision favoring the plan will subject the majority of surrounding
homeowners to the effects of this poorly thought out plan, and no amount of reverse engineering
will improve the situation. One question you can be assured that will be asked at each future
............
affect us all. All of us in the immediate area will suffer the effects of this development without any
,firect benefit from the extra tax revenue the city receives.
e Tr-a-p n N
ve I si
into consideration many things - including long-term impact to current tax paying, and long-term
residents - the ones currently at risk from a council decision. I am sure the city planners who
crafted the "master plan" made allowances for common sense and safety needs to dictate their
final decisions. Limit the density of Stillwater Estates. I
September 2, 2004
TO -the City Council of Kalispell,
We are homeowners in Country Village. Our neighbor, Sandy & Larry Heuscher, are requesting
a zoning change and preliminary plat for their development called Stillwater Bluffs. We are
opposed to this development. Our main concern is for the safety of our children, and others in
the neighborhood.
The Heuscher's current design, we believe, calls for 10 houses and 22 duplexes on 7 acres. Most
of the lots in the area are one, two or five acres. We are a low density area and want to maintain
the original design and intent of our development. We ask that you address the issue of traffic
and emergency access. With the density that is planned our traffic would increase threefold. Our
kids ride their bikes to school and around the neighborhood and as most drive too fast anyway
the main concern we have is for the safety of our children.
We understand that development will happen. We would appreciate you looking into the density
and traffic issues that would certainly affect our neighborhood. Please think about maintaining
the one acre lot size and routing the traffic onto the existing city road, Grandrud. Thank
you for your time.
1_21
Mike and Joan Siderius, County residents rIn
686 Country Way, Kalispell`
257-2580 -�
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- 4 1
fi *Ple 72004 lDer 2 "
k.-alispen City Cotuicil
I att drA, the Kafiqrell Ciiy Council meeting September 7h. I tessfified against annexing
the Stillwater Bluffis subdivision at 545 Comitry Way South into Kalispell. I stayerwid
listened -anti] the prop3sal v-sas ffimUy mbled aroimd 9pm.
'Phediscussion was itAerhAdned,%ith the possible re-opeening, of Country Way South.
First of all, Stillwater Bluffs nee& to be a county, brigs lot subdivisdon consistent -with
other homes m the Country Villag ,e area. We also feel Huescher's shouldnot have been
asked to negotiate with -us and Gardner's to re -open Country Way South, We al —I
penumently closed the road in 2000 because of increased traffic and ho-bilityy &
maintenance, for -whieb we three families are responsible.
We would UP- to makeit absolutely clear- Com-AryWffy Siouth is a private road for which
weare responsiblee. It is CLOSED and wffl remmn closed. Our seefion is our private
dri veway easement onto the south end of Country Way South. Enelosed is a copy of our
deed ibat clearly states this. If he gate is bets our and Gardenr's piulyer(y.
Tha-nk You for fisqten'gig.
Sincerely,
Maine Snyd
Bruce'May WI&V
540 Couniq NkTay.Southf
Kalispell. 1%& 59901
Order No. 11l-5i55/
VA 4AIW341
11_�A Form 26-8341d (Home Loan)
Dec 1079, Revised
Section 1810, Title 38, U.S.C.
Acceptable to Federal National
Mortgage Association
MONTANA
1, 1. 3ROS11-0 1121.11 Diem
THIS TRUST INDENTURE, made this 2nd day of April t 19 85 r
between BRUCE MAY as Grantors, whose
addressis 540 Country Way, Kalispell, NT 59901 ,
(Street and Number) (City)
(State) SAFECO TTTI,F: INSURANCE
COMPANY OF IDAHO, 27 2nd Street E
Kalispell, MT 5�e01 rasTrustee, and FIRST FEDERAL SAVINGS BANK OF NUNTANA,
,as eneficiary. 202 Main Street, Kalispell, W :59901
WITNESSETH: That Grantors irrevocably GRANT, BARGAIN, SELL, CONVEY AND ASSIGN TO TRUSTEE IN
TRUST, WITH POWER OF SALE, the following described property in Flathead
Montana,_ containing not more than fifteen acres:
A tract of land in the SA4NE4 of Section 31, Township 29 North, Range 21 West,
.M.P.M., Flathead County, described as follows:
Commencing at the Southeast corner of the SANE-4 of said Section 31; thence
North 00122122" East and along the East boundary of the SW4NE4 of said Section
31 a distance of 273.52 feet to the True Point of Beginning; thence
North 89*58133" West a distance of 61.76 feet to the True Point of Beginning;
thence
North 89*58145" West and along the North boundary of Lot 9 of Stillwater
Terrace Unit 2, records of Flathead County, Montana, a aistanoe of 163.73
feet to the Northwest corner thereof; thence along the North boundary of
Lot 10 of said Stillwater Terrace Unit 2
North 89042129/1 West a distance of 54.37 feet to the Northwest corner thereof;
thence along the West boundary of said Lot 10
South 06*03106" West a distance of 24.68 feet to a point; thence
North 89137138" West a distance of 69.55 feet more or less to the Easterly
bank of the Stillwater River; thence along the Easterly bank of
Stillwater River
North 06157101" East a distance of 61.15 feet; thence
North 16032107" West a distano- of 44.70 poet; tlano<t leaving said Easterly
rank
South 89137138" East a distance of 357.85 feet; to a point on the Easterly
boundary of the SANE}; of said Section 31; thence
South 00°22122" West and along the said Easterly boundary a distance of 77.50
feet to the Place of Beginning.
Tract 1 of Certificate of Survey No. 7183.
SUBJECT TO Reservation as set forth in an instrument recorded November 1, 1946
in Book 274, Page 291, records of Flathead County, Montana.
SUBJECT TO Easement granted to Flathead Electric Cooperative, Inc., as set
forth in an instrument recorded October 4, 1979 tender Recorder's Fee No. 15038
in Book 678, Page 354, records of Flathead County, Montana.
SUBJECT TORight of Way Easement granted to Northwestern Telephone Systems,'
Inc., as set forth in an instrument recorded December 2, 1982 under Recorder's
Fee No. 18050 in Book 756, Page 21, records of Flathead County, Montana.
SUBJECC 'TO sixty root private road easement across premises as shown on
Certificate of Survey No. 3112 recorded July 26, 1977, records of Flathead
County, Pbntana.
SUBJECT TO Reservation contained in U.S. Patent, recorded Mare 12, 1894 in
Book 7, Page 56, records of Flathead County, Montana.
TOGETHER WITH sixty foot private road easement as shown on Certificate of
Survey No. 3112, recorded July 26, 1977 AND on Certificate of Survey No. 7183
recorded June 28, 1983, records of Flathead County, Montana.
TO PROTECT THE SECURITY OF THIS TRUST INDENTURE, GRANTORS AGREE:
1. That together with and in addition to the monthly payments of principal and interest under the
terms of the note secured hereby, Grantors will pay to the Beneficiary as trustee, (under the terms of this
trust as hereinafter stated) on that day of each month as provided in the note secured hereby, and until
said note is fully paid the following sums:
(a) A sum equal to the ground rents, if any, and the taxes and special assessments next due on the
premises covered by this Trust Indenture plus the premiums that will next become due and
payable on policies of fire and other hazard insurance on the premises covered hereby (all as
EXHIBIT A
A tract of land in the SW4NE4 of Section 31, Township 29 North,
Range 21 West, P.M.M., Flathead County, described as follows:
Commencing at the Southeast corner of the SW4NE4 of said Section
31; thence
North 00°22'22" East and along the East boundary of the SW4NE4 of
said Section 31 a distance of 273.52 feet to the True Point
of Beginning; thence
North 89°58'33" West a distance of 61.76 feet to a point; thence
North 89°58`45" West and along the North boundary of Lot 9 of
Stillwater Terrace Unit 2, records of Flathead County,
Montana, a distance of 163.73 feet to the Northwest corner
thereof; thence along the North boundary of Lot 10 of said
Stillwater Terrace Unit 2
North 89°42'29" West a distance of 54.37 feet to the Northwest
corner thereof; thence along the West boundary of said Lot 10
South 06003'06" West a distance of 24.68 feet to a point; thence
North 89°37'38" West a distance of 69.55 feet more or less to the
Easterly bank of the Stillwater River; thence along the
Easterly bank of Stillwater River
North 06°57'01" East a distance of 61.15 feet; thence
North 16°32'07" West a distance of 44.70 feet; thence leaving said
Easterly bank
South 89°37'38" East a distance of 357.85 feet to a point on the
Easterly boundary of the SW4NE4 of said Section 31; thence
South 00°22'22" West and along the said Easterly boundary a
distance of 77.50 feet to the Place of Beginning.
Tract 1 of Certificate of Survey No. 7183.
SUBJECT TO Reservation as set forth in an instrument recorded
November 1, 1946 in Book 274, Page 291, records of Flathead County,
Montana.
SUBJECT TO Easement granted to Flathead Electric Cooperative, Inc.,
as set forth in an instrument recorded October 4, 1979 under
Recorder's Fee No. 15038 in Book 678, Page 354, records of Flathead
County, Montana.
SUBJECT TO Right of Way Easement granted to Northwestern Telephone
Systems, Inc., as set forth in an instrument recorded December 2,
1982 under Recorder's Fee No. 18050 in Book 756, Page 21, records
of Flathead County, Montana.
SUBJECT TO sixty foot private road easement across premises as shown
on Certificate of Survey No. 3112, recorded July 26, 1977, records
of Flathead County, Montana.
SUBJECT TO Reservation contained in U.S. Patent, recorded March 12,
1894 in Book 7, Page 56, records of Flathead County, Montana.
TOGETHER WITH sixty foot
Certificate of Survey No.
Certificate of Survey No.
Flathead County, Montana.
private road easement as shown on
3112, recorded July 26, 1977 AND on
7183, recorded June 28, 1983, records of
STATE OF MONTANA,
ss
County of Flathead
Recorded at the request of C
this 2/1 day of y)j th 19') at o'clockp M and recorded in
the records of Flathead County, State of Montana.
Fee $
RECEPTION NO. 8709011/340O
L
Flathead County Clerk a corder
`T Deputy
September 7, 2004
Dear Kalispell City Council:
RIE: Prol--wased Stillwater Terrace Dec,elopinent & -Anne.,cation into City of Kalispell at
current 545 County 'Way South
We, Bruce May, and Elaine Snyder, are homeowners at 540 Country Wav South.. We
feel Larry & Sandy fluescher have a right to develop their property. It should be i
keeping with the larger lot size of the existing Country Way housing area.
We am op po- sed to the, annexation of the proposed Stillwater Terrace at 545 Country Way
South into Kalispell. It will create a "tentacle," surrounded by county home owners. Most
of whom own large lots and do not wish to be annexed iuL, the City. Ibis "tentacle"
till set the stage for the, City to "tidy up" its boundaries in the next 5 to 10 years, forcing
all home owners in the Stillwater River -Reserve -White -fish Stage Road-Granrud Lane area
into the City. Wedo-uctwant tobL,"foi-cea"'aiiiiexed.
7111s proposed subdivision is on a pn-vate gravel road. We live further south on Country
,Q'ay South. Ilietwee middle sections are mwncd byPluescher's. Gardner's, and Snyder-
lyfav's. The road is U'I each of our land ownership deeds. Either. end ofCountry Way
South is County. with the southern end paved and plowed by the counh, to our property
line. The northern end has "uncleaf 'road ownership and is maintained by Huescher's.
Ale bought 540 Country Way South in 1985. In 1990, when Gardner's moved in, we
formed a road inaitenarice agreement. Each year we graded and oiled the road. In 1992,
we beg -an discussions with the County to close the road. We installed PRIVATE- ROAD
signs at either end. As traffic. inc reasedand tyur associated liability for maintenance and
any accidents increased, we hired an attorney. The right to close the road was thoroughly
researched, all county emergency & deliven, pardes were legally inforined. We CLOSED
COUNMY NXIAY SOU 7H �� tha gate Hil Sept 2000. Bicycle and foot. use is pennitted.
Finally, MAJOR infrastniciure issues need to be resolved BEFORE the city of Kalispell
"tentacles" itself with a subdivision into a county housing area. Besides, the private road
of Country Way South, there is the sub-stindard road of Graumd Lane. There are major
traffic flow problems onto Whitefish Stage Road and West Reserve Drive. With a
proposed mega -mall and the. By -Pass coming in the fititure, we feel these issues need to
be thoroughly addressed by the Council, Flathead County and the neighborhoods involved
BEFORE more annexation takes place in the this area.
J
A good infrastructure makes f6r a happy, healthy and safe neighborhood.
Thank You for listening. Sincerely,
E JaIne F. Snyder & Bruce I.May, S40 Country Way South, Kallspel I, Mt. 59901
1-406-756-6240
May 5, 1992
Flathead County Commissioners:
800 South Main Street
Kalispell, MT 59901
Dear Commissioners:
Thank you for meeting with us on May 1 to discuss the status of
Country Way South and the impacts that
Buffalo Stage Subdivi-
sion(BSS) will have on traffic patterns
in the area. Your input
was useful in helping us decide how to
proceed to resolve the
traffic and safety problems associated with the development of
BSS. The increased traffic on Whitefish
Stage and Country Way
South will make travel to Edgerton School
more dangerous for kids
in our neighborhood and greatly increase
the dust pollution from
Country Way South.
We have decided the best way to alleviate
these problems is to
close Country Way South to vehicle traffic
and manage the roadway
as a bicycle and walking path for school
kids and other users.
This is especially appropriate now that it
appears that the path
proposed for Whitefish Stage is on hold. We
of course, are
concerned about having a safe route to
, very
Edgerton for
dren.
our chil-
At the May 1 meeting you expressed support
for our proposal to
close Country Way South as mitigation for
the BSS. We are in the
Process of attaining permission through the
court system to close
the road. We would appreciate it if you
would acknowledge your
consent of this action in a letter.
Sincerely yours,
Spokesperson
Country Way South Road Maintenance Association
525 Country Way South
Kalispell, MT 59901